RAFA BENITEZ escaped virtually scot-free from an FA rap - after using a picture of Neil Warnock in his defence.
Liverpool's boss was warned over his future conduct for taking glasses out of his pocket to suggest referee Phil Dowd needed them when the official turned down a penalty against Spurs.
But Benitez was neither fined nor ordered to pay costs because he showed Crystal Palace boss Warnock had done the same thing and was not even charged.
Warnock made a glasses shape with his fingers after ref Rob Shoebridge denied Palace a goal at Bristol City on the same weekend - despite Freddie Sears' shot clearly crossing the line.
Benitez, 49, may also have benefited from the fact that former England manager Graham Taylor was part of the tribunal team sitting in judgment.
Taylor was infamously recorded during a TV documentary berating a linesman in a vital World Cup qualifier against Holland, telling him the referee had just cost him his job.
Benitez was cleared of misconduct on two counts over comments he made about Dowd's inability to award Liverpool a second spot-kick on top of the one Steven Gerrard converted during the Merseysiders' 2-1 defeat at White Hart Lane on the opening day of the season back in August.
The statistics backed up Benitez that Dowd had never awarded an away team two penalties in any game since Benitez joined Liverpool.
The panel was clearly sympathetic towards the Anfield chief and, in summing up, said: "Mr Benitez took his glasses out of his pocket in a gesture which had no malicious intent."
Benitez was given only a warning on the basis of his unblemished record and that the gesture was "humorous."
Referring to Warnock the tribunal summary added: "There is also the unexplained failure of the FA to charge another manager who made a gesture of a similar type which was objectively more serious."
Graham Bean of Football Factors, who defended Benitez, said: "The manner in which this charge was brought shows that the only people in football who don't seem to have a sense of humour are those in the compliance unit at the FA.
"This case should never have been brought before a panel."
Benitez is set to snub Borussia Moenchengladbach's loan bid for Daniel Agger.
The Danish defender has yet to play for the Kop this term because of a back injury.
But he faced Sweden on Saturday and with Liverpool's rocky defence under the spotlight Benitez is sure to ignore any approach from the Germans.